McCord v. . Harrison-Wright Co.

It is contended by the defendant that the evidence of negligence is insufficient; that the plaintiff assumed the risk of his injury, and that for these reasons, or indeed, for either of them, his motion for nonsuit should have been allowed. It is said that the chisel referred to was a simple tool and, if defective, that its defect was obvious and as easily discoverable by the plaintiff as by the defendant.

In Hicks v. Manufacturing Co., 138 N. C., 319, the Court declared it to be the duty of an employer of labor to supply his employees, in the exercise of proper care, with machinery,…